Movement restrictions and property requisition: Ministry of Defence's state of siege/wartime initiative
Restrictions on movement, the suspension of elections, the requisitioning of private property, and the obligation for certain citizens abroad to return to Moldova in the event of mobilization are among the measures that could be introduced under a state of siege or state of war. The Ministry of Defense is proposing a new legal framework to define the conditions for declaring such exceptional regimes, as well as the powers of public authorities and citizens’ obligations. The draft also addresses hybrid threats, including those that may emerge without a direct armed attack on the country.
The initiative aims to replace legislation dating back to 2004 and to adapt defense mechanisms to new security risks. In addition to potential restrictions on the general public and the business sector, the draft law would regulate how Parliament, the Government, and other state institutions would function during emergencies, while also establishing safeguards to protect fundamental rights.
The document is currently under review.
State of siege could be declared prior to a military attack
One of the proposed amendments concerns the conditions under which authorities may declare a state of siege. Its implementation would not depend solely on the outbreak of an armed conflict.
A state of siege could also be declared when there are serious indications that the Republic of Moldova is at risk of being attacked, or when hostile actions—including those of a hybrid nature—pose a grave threat to national security.
However, the draft law distinguishes between these scenarios and routine crises, which are to be managed through other legal mechanisms.
"A state of siege may be declared if one or more of the following circumstances exist: a) the imminence of an armed aggression against the Republic of Moldova; b) the unfolding of hostile actions of a military nature—or involving an identifiable military component—including hybrid or subversive actions that severely affect, or create a direct and serious threat to, the sovereignty, independence, unity, or territorial integrity of the Republic of Moldova, its constitutional order, or the state’s defense capacity" the draft law states. The conditions for declaring a state of war are more stringent. The document refers to an armed aggression against the Republic of Moldova, or the declaration or prior notification of war by another state.
The listed acts of aggression include invasion of territory, bombardment, blockade of ports, attacks on armed forces, and the deployment of armed groups carrying out military actions of comparable gravity.
State of siege or war to be decided by Parliament
Parliament would generally decide, on a proposal from the President of the Republic of Moldova, after consulting the National Security Council. The initiative would need to be accompanied by assessments from institutions responsible for defense and security, and Members of Parliament would have a maximum of 24 hours to review it. The draft law also allows Parliament to act without a proposal from the Head of State, provided official reports substantiate the existence of a threat.
“In the event that the grounds for declaring a state of siege or a state of war are established by the reasoned and documented reports referred to in paragraph (4), Parliament may declare the respective state even in the absence of a proposal from the President of the Republic of Moldova, after requesting the necessary information from the competent authorities in the field of national defense and security,” the draft stipulates.
The document also establishes a special procedure for instances where the country is under actual attack. In such a case, the President—in their capacity as Supreme Commander of the Armed Forces—could declare a state of war via a decree countersigned by the Prime Minister, and would be required to inform Parliament immediately. Subsequently, Members of Parliament would decide whether to maintain, modify, or terminate that state.
Parliament could declare a state of siege for up to 30 days, with successive extensions of up to 30 days each, subject to approval. Conversely, a state of war could be maintained indefinitely—without a predetermined end date—for as long as the circumstances that prompted its declaration persist.
Movement restrictions, evacuations, and the rationing of resources
For the general population, the most visible impacts would likely concern freedom of movement and access to essential goods. Depending on the severity of the situation, authorities could temporarily restrict the movement of people and vehicles, establish special rules for crossing borders, or order the evacuation of localities and areas exposed to danger.
Furthermore, measures could be implemented to ensure the supply of food, medicine, and energy, which may include temporary rationing.
The document also allows for the establishment of special operational protocols for institutions and companies, should these be necessary for national defense, mobilization, or the maintenance of essential services.
However, not all restrictions would automatically come into effect the moment a state of emergency is declared. Specific measures, their duration, the geographic areas affected, and the authorities responsible for their enforcement would need to be established through legal acts adopted in accordance with the law.
Moldovans in the diaspora could be required to return to the country
The draft legislation also introduces explicit rules for individuals who may be called upon to participate in the country’s defense. Once mobilization is declared, reservists may only leave their place of residence or domicile for periods exceeding 12 hours if they have obtained written approval from the commander of the local military administrative authority. Individuals who receive a call-up order must report to the designated location by the deadline set by the authorities. A separate provision concerns Moldovan citizens who are abroad. Those subject to mobilization obligations—who receive a call-up order or a notification requiring them to report—must take the necessary steps to return to the Republic of Moldova.
"Citizens of the Republic of Moldova who are abroad, who are subject to mobilization obligations under the law, and who have received a call-up order or have been notified of an obligation to report following the declaration of mobilization, are required to take the necessary steps to return to the country and report to the location and within the timeframe specified by the competent authorities," states Article 20 of the draft legislation.
This obligation would not automatically apply to all citizens living or working abroad, but only to those who fall into the categories subject to mobilization under the law.
The document further stipulates that the individuals concerned should urgently contact the embassies or consulates of the Republic of Moldova and follow the instructions provided.
The state could use private property for defense needs
In emergencies, authorities may resort to the requisitioning of assets necessary for national defense. Individuals and legal entities that receive lawful orders to surrender such assets are required to comply.
For companies, the draft legislation also mandates the prioritization of certain state orders—including those for the manufacturing, delivery, or repair of equipment and materials required by the military.
However, the use of private property for defense purposes must be accompanied by guarantees regarding the return of the assets and compensation for any losses. Affected parties may seek redress for damages, including in cases where the authorities' actions are unlawful or disproportionate.
"Requisitioning, temporary seizure, use, or other measures affecting privately owned property may only be ordered in cases and under conditions stipulated by law, subject to the provision of appropriate compensation. The return of assets and compensation for damages shall be carried out in accordance with the law," states Article 19.
Elections and referendums could be suspended
Another section addresses how democratic institutions function. During a state of siege or a state of war, the holding of elections and referendums would be prohibited, except in instances expressly permitted by the Constitution or by organic law.
The document does not, however, specify what these exceptions might be. Should an electoral process already be underway, such procedures would be suspended and subsequently resumed following the end of the state of emergency or war, in accordance with a schedule established by the electoral authorities. At the same time, Parliament could not be dissolved, and Parliament's and the President's mandates could be extended only under the conditions stipulated by the Constitution.
To avoid a standstill in state operations, members of Parliament could hold sessions in other localities or, in exceptional circumstances, via secure electronic means. If a portion of the territory were to be occupied, public institutions could continue their operations from unoccupied areas or other locations.
Special rules for the media and access to information
Media activity could be subject to additional rules, particularly in areas where military operations are taking place. The authorities could establish special conditions regarding access for journalists and the publication of information that might jeopardize the security of operations or the individuals involved. The draft also provides for the priority dissemination of official statements of public interest.
Furthermore, the document stipulates that any restrictions on access to information of public interest must be justified; classifying certain data as state secrets cannot be used to unjustifiably hinder citizens' access to information.
"Restricting access to information of public interest is permitted only in cases and under conditions provided for by law, and it must be both necessary and proportionate to the legitimate objective being pursued," the Ministry of Defence proposes.
Authorities may take decisions that deviate from standard legislation
To respond more quickly to threats, the draft law allows certain institutions to temporarily adopt decisions that deviate from the provisions of existing legal acts. This authority would not be granted automatically to all public bodies, but only to those explicitly designated in the acts establishing, extending, or amending a state of siege or a state of war.
Furthermore, the system includes mechanisms to oversee the decisions adopted. The Government would be required to submit reports to Parliament at least every 30 days during a state of siege, and every 15 days during a state of war. These reports must explain which measures were implemented, how public resources were utilized, and the impact of any restrictions on citizens' rights.
Within 90 days after the emergency regime ends, the Executive must also submit a final report.
Individuals who believe they have been affected by unlawful or abusive decisions may seek recourse through the courts or by contacting the Ombudsman. The draft law upholds guarantees regarding access to justice and the right to a defense, while prohibiting the use of emergency regimes to suppress fundamental rights or to seize power unconstitutionally.
Why a new law is necessary
The Ministry of Defense maintains that current legislation must be adapted to address new security threats in the region. Additionally, new laws concerning national defense and crisis management have been enacted in recent years, necessitating an update to the existing legal framework. The goal is to clarify which situations can be managed through standard measures and under what conditions it would be necessary to declare a state of siege or a state of war.
To this end, the draft law proposes replacing Law no. 212 of 2004—which currently governs states of emergency, siege, and war—with legislation specifically dedicated to the latter two scenarios.
The proposed new law consists of 60 articles divided into ten chapters and includes provisions regarding territorial defense, national resistance, and cooperation with external partners.
According to the Ministry of Defense, the objective is to enable the Republic of Moldova to respond effectively to military aggression, while simultaneously ensuring the continued functioning of state institutions and essential services.
The new provisions will apply only once the law is adopted and entered into force.
